A Federal High Court in Abuja has fixed February 24 for hearing in a suit seeking to compel the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and three other political parties over alleged constitutional violations.
The plaintiff, the Incorporated Trustees of the National Forum of Former Legislators (NFFL), is also asking the court to order the deregistration of the Accord Party, the Zenith Labour Party, and the Action Alliance. Also listed as defendants are INEC and the Attorney-General of the Federation (AGF).
The matter, which could not proceed earlier due to the unavailability of the presiding judge, was adjourned by the court’s registrar with the consent of counsel to all parties.
Constitutional Interpretation at the Core
Counsel to the plaintiff, Yakubu Ruba (SAN), said the suit seeks judicial interpretation of constitutional and statutory provisions governing the registration and continued recognition of political parties in Nigeria.
“We are before the court purely for constitutional interpretation. Some parties, in our view, have acted in breach of the Constitution, and we seek the court’s guidance on the relevant provisions,” Ruba said.
According to court filings, the case was initiated via originating summons pursuant to Section 225(A) of the 1999 Constitution (as amended), Section 75(4) of the Electoral Act, 2022, and relevant provisions of the Federal High Court (Civil Procedure) Rules, 2019.
At the heart of the dispute is whether INEC is constitutionally obligated to deregister political parties that fail to meet minimum electoral performance benchmarks.
These include securing at least 25 per cent of votes in one state during a presidential election, winning a local government area in a governorship poll, or clinching at least one elective seat from councillorship to the National Assembly.
Allegations of “Total Electoral Failure”
In a supporting affidavit deposed to by NFFL Chairman and National Coordinator, Igbokwe Nnanna, the group alleged that the affected parties have failed to win any elective office since their registration.
The plaintiff further claimed that the parties did not meet the constitutional requirement of 25 per cent of votes in at least one state in presidential elections, nor secure representation across the country’s wards, local governments, states, and the Federal Capital Territory.
Despite these alleged shortcomings, the NFFL accused INEC of continuing to accord the parties full recognition, describing the action as unconstitutional and contrary to the Electoral Act 2022 and INEC’s Regulations and Guidelines for Political Parties, 2022.
The group warned that unless restrained, INEC might allow the parties to participate in the 2027 general election, potentially “clogging ballot papers, overstretching administrative resources and misleading voters.”
Describing the suit as a public interest action, the former lawmakers urged the court to compel INEC to enforce constitutional compliance in order to strengthen electoral integrity and deepen democracy ahead of future elections.
The case is expected to come up for substantive hearing on February 24.